The Diplomatic Correspondence of the American Revolution, Vol. VIII pptx

Cabarrus.--Dr Franklinpermits Mr Jay to draw on him.--The Court prepares to go to the Escurial.--Note from Mr Jay to the Count deFlorida Blanca, informing him of his intention of returni

The Diplomatic Correspondence of the

by Various

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Title: The Diplomatic Correspondence of the American Revolution, Vol VIII

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THE LETTERS IN REPLY FROM THE SECRET COMMITTEE OF CONGRESS, AND THE

SECRETARY OF FOREIGN AFFAIRS

NATHAN HALE AND GRAY & BOWEN;

G & C & H CARVILL, NEW YORK; P THOMPSON, WASHINGTON

1830

Steam Power Press W L Lewis' Print.

No 6, Congress Street, Boston

Robert R Livingston to John Jay Philadelphia, December 13th, 1781, 3

Military operations in the South. Requests more frequent communications

Robert R Livingston to John Jay Philadelphia, February 2d, 1782, 5

State of affairs in the South. New order introduced into the financial department. Interest of Spain to attackBritain in America. Apostacy of Mr Deane

To Robert R Livingston, Secretary of Foreign Affairs Madrid, February 6th, 1782, 8

Correspondence interrupted and examined in the post-offices

To the President of Congress Madrid, February 6th, 1782, 10

Delays of the Spanish Court. Thinks it advisable to demand a categorical answer

To Robert R Livingston Madrid, February 16th, 1782, 12

Capitulation of Fort St Philip

To Robert R Livingston Madrid, February 18th, 1782, 12

Encloses the articles of capitulation for Fort St Philip

Robert R Livingston to John Jay Philadelphia, March 8th, 1782, 13

Military operations in the South

Robert R Livingston to John Jay Philadelphia, April 27th, 1782, 14

General expectations from Spain. Conduct of Spain towards America. Spanish Claims on Great Britain and

in America. That Court can only secure the exclusive navigation of the Mississippi by an alliance with theUnited States. The sums advanced by Spain to the United States will be repaid

Robert R Livingston to John Jay Philadelphia, April 28th, 1782, 20

State of the American military force

To Robert R Livingston Madrid, April 28th, 1782, 21

Difficulty of obtaining supplies. Letter to Dr Franklin, (St Ildefonso, September 10th, 1781), requestingsupplies of money to meet the bills drawn on him; new financial regulations of Mr Morris; they will probablyspare him the necessity of making further demands. Receives advances from M Cabarrus. Dr Franklinpermits Mr Jay to draw on him. The Court prepares to go to the Escurial. Note from Mr Jay to the Count deFlorida Blanca, informing him of his intention of returning to Madrid. Reply of the Count de Florida Blanca

to the preceding. Complaint exhibited by the Count de Florida Blanca against Commodore Gillon, for

retaining deserters from the Spanish service on board his vessel. Letter from Mr Jay to the Count de FloridaBlanca, (Madrid, October 9th, 1781), acknowledging the justice of his demand of the surrender of the

deserters, and enclosing a copy of his letter to Commodore Gillon on the subject; Mr Jay urges decisivemeasures relating to the negotiations with America. Letter from Mr Jay to Commodore Gillon (Madrid,October 9th, 1781), advising the surrender of the deserters. Receives a statement from Commodore Gillon,showing the charge against him to have been precipitate. Representations of Colonel Searle against

Commodore Gillon disproved by the Commodore. Continued silence of the Spanish Minister. Letter from

Mr Jay to the Count de Florida Blanca (Madrid, October 28th, 1781), representing the inconveniences of anordinance requiring the legality of prizes brought into the Spanish ports, to be tried in the Court of Admiralty,whence the commission of the captors issued. Receives no answer. Letter from Mr Jay to the Count deFlorida Blanca (Madrid, November 6th, 1781), on the detention of the American privateer Cicero, with herprize, at Bilboa, on account of her firing into one of the King's cutters; statement of the case, which rendersthe firing justifiable. Note from the Count de Florida Blanca to Mr Jay, declaring his statement to be

incorrect, and insisting on satisfaction. Letter from Mr Jay to the Count de Florida Blanca (Madrid,

November 12th, 1781), requesting a statement of the facts in the case of the Cicero, and the speedy release ofthe vessel. Letter from the Count de Florida Blanca to Mr Jay, communicating an order for the release of theCicero. Card from Mr Jay on the subject. Letter from Mr Jay to the Count de Florida Blanca (Madrid,November 16th, 1781), urging the necessity of supplies. Receives no answer. Letter from Mr Jay to DrFranklin (Madrid, November 21st, 1781), requesting advances of money to meet the bills drawn on

him. Note from Mr Jay to the Count de Florida Blanca, requesting an interview. Reply to the precedingnote. Receives no answer to a Memorial, which he transmits from Mr Harrison; experiences the same neglect

in other similar cases. Interview with the Count de Florida Blanca; the Count excuses the delays on account

of the sickness of M del Campo, and declines entering on any business. M del Campo has been appointed toconfer with Mr Jay three months without Mr Jay's knowledge. M del Campo declines the conference, underpretence of ill health; and afterwards on the plea of want of instruction. Letter from Mr Jay to Dr Franklin(Madrid, December 31st, 1781), asking advances of money. Letter from Mr Jay to Dr Franklin (Madrid,January 11th, 1782), on the subject of advances. Conference with the French Ambassador; Mr Jay complains

of the delays of the Spanish Court; requests aid from France; declares his intention in case of protesting thebills, to assign as a reason, that he had placed too much confidence in his Catholic Majesty; the Ambassadoradvises patience. Letter from Dr Franklin to Mr Jay (Passy, January 15th, 1782), enclosing a letter from theCount de Vergennes to Dr Franklin (Versailles, December 31st, 1781), promising to advance a million to him,

if he is authorised to dispose of the Dutch loan. Letter from Mr Jay to Dr Franklin (Madrid, January 30th,1782), on the subject of advances; important services of Dr Franklin. Note from Mr Jay to M del Campo(Madrid, February 1st, 1782), expressing his anxiety to enter upon the discussion of American affairs. Reply

of M del Campo, regretting that the ill health of the Count de Florida Blanca has prevented the drawing up ofhis instructions. Letter from Dr Franklin to Mr Jay (Passy, January 19th, 1782), stating the difficulties ofobtaining further supplies in France; the Dutch loan principally anticipated; advises Mr Jay to demand animmediate and explicit answer to his proposition of a treaty, and solicit his recall in case of further

delay. Letter from M Cabarrus to Mr Jay (Madrid, February 10th, 1782), requesting to know how he is to bereimbursed for his advances. Mr Jay replies verbally to M Cabarrus, that he can give him no positive

assurances of immediate repayment, but has expectations from Dr Franklin. The French Ambassador

promises to represent to the Count de Florida Blanca, the critical situation of Mr Jay. Letter from the

Chevalier de Bourgoing to Mr Jay, communicating the reply of the Spanish Minister to the representations ofthe French Ambassador. Note from Mr Jay to the Chevalier de Bourgoing, returning his thanks to the

Ambassador. Letter from Mr Jay to Dr Franklin (Madrid, February 11th, 1782), on the subject of

advances. Mr Jay pays a visit to the Minister, who refers him to M del Campo. Evasions of M del

Campo. Letter from M Cabarrus to Mr Jay (Madrid, February 25th, 1782), transmitting accounts of hisadvances, and requesting repayment. M Cabarrus has a conference with the Minister, who refuses any newadvances, and declares that the King is dissatisfied, that he has received no returns from America for his goodoffices. Conference between Mr Jay and the French Ambassador. Letter from Mr Jay to Dr Franklin

(Madrid, March 1st, 1782), on the subject of advances. Letter from Mr Jay to the Count de Florida Blanca(Madrid, March 2d, 1782), explaining the causes which have prevented returns on the part of the United States

to the King's good offices; declares himself entirely without resources. Note from Mr Jay to M del Campo,enclosing the preceding letter. Receives no answer to the above communications. Mr Jay has an interviewwith the Minister, who laments the difficulty of raising money, but promises aid; conversation on the

proposed treaty; the Minister promises to send M Gardoqui to America. Extract from the Madrid Gazette,giving an account of the capture of the Fort St Joseph by Spanish troops, who take possession of the country

in the name of his Catholic Majesty. The bills drawn on Mr Jay are presented. Letter of Mr Jay to the Countdel Florida Blanca (Madrid, March 14th, 1782), informing him that the bills have been presented, and

requesting to know if he will afford any aid. Note from Mr Jay to the French Ambassador, communicatingthe preceding letter. Letter from the Count de Montmorin to Mr Jay, stating that the Count de Florida Blancaconsents to become security for fifty thousand dollars, on condition M Cabarrus remains in the same

disposition. M Cabarrus refuses to abide by his former offer. Mr Jay protests the bills. Conversation withthe French Ambassador on the subject. Advices that the Parliament have counselled the cessation of

offensive measures in America. Letter from Dr Franklin to Mr Jay (Passy, March 16th, 1782), offering tomeet the bills; thinks it best to pay off the whole sum due to Spain. Letter from Mr Jay to Dr Franklin

(Madrid, March 19th, 1782), acknowledging the supplies; proposals of a peace separate from France ought not

to be listened to; approves of the plan of repaying Spain her advances. M Cabarrus wishes a

reconciliation. Letter from Mr Jay to M Cabarras (Madrid, April 2d, 1782), in reply to his claims for

gratitude; his conduct requires an apology. M Cabarras was the scape-goat of the Minister. Messrs

Drouilhet employed as American bankers. Mr Jay does not wait on the Minister while the Court is at

Madrid. Receives an invitation to appear on Saturdays at the Minister's table. No advantage to be gained byhastening a treaty with Spain. Spain will be less easily satisfied than France in the articles of peace. Mr Jayrequests the French Ambassador to inquire if the card of invitation was intended for him. The Ministerdeclares it to have been left by mistake, but would be happy to see Mr Jay as a private gentleman. Mr Jaydoubts the truth of this declaration. Letter from Mr Jay to the French Ambassador (Madrid, April 27th,1782), stating his objections to appearing as a private gentleman at the Spanish Minister's dinners

Robert R Livingston to John Jay Philadelphia, May 9th, 1782, 105

General Carleton's attempts at a reconciliation. Importance of securing Spain

To Robert R Livingston Madrid, May 14th, 1782, 110

Is summoned to Paris by Dr Franklin

Robert R Livingston, to John Jay Philadelphia, June 23d, 1782, 111

Conduct of Spain in the West Indies. The people will listen to no term of accommodation

To Robert R Livingston Paris, June 25th, 1782, 113

Mr Jay arrives at Paris. Visit to the Count de Vergennes. Dr Franklin. Siege of Gibraltar.

To Robert R Livingston Paris, June 28th, 1782, 115

Services of the Marquis de Lafayette. Intentions of the British Ministry. Inexpediency of any negotiations inAmerica

Robert R Livingston to John Jay Philadelphia, July 6th, 1782, 117

Complains of the sending of British prisoners into the United States by Spain. Remits Mr Jay's salary

Robert R Livingston to John Jay Philadelphia, September 12th, 1782, 119

Complains of want of information from American Ministers in Europe. Symptoms of a change in the Britishconciliatory policy. Importance of securing a direct trade with the West Indies. This is also for the interest

of the European holders of the islands

To Robert R Livingston Paris, Sept 18th, 1782, 125

France wishes to postpone the acknowledgment of independence by England until the general peace, in order

to preserve her influence over America. France and Spain will dispute the western boundary. Dr Franklin'sviews on the French policy

Robert R Livingston to John Jay Philadelphia, September 18th, 1782, 127

Enclosing certain resolutions of Congress. The letters of the Commissioners are inspected on the passage

To Robert R Livingston Paris, Sept 28th, 1782, 128

Mr Oswald receives a new commission, empowering him to treat with the thirteen United States of America

To Robert R Livingston Paris, Oct 13th, 1782, 128

The French Court advised treating with Mr Oswald under his former commission. Mr Jay refused. TheCount d'Aranda wishes to treat with Mr Jay without exchanging powers, and the French Court advises it. MrJay declines

To Robert R Livingston Paris, Nov 17th, 1782, 129

England appears disposed to evade the acknowledgement of independence. Visit from Sir William Jones,who desires letters of recommendation for America. Probable objects of his proposed visit. Note from theCount de Vergennes to Dr Franklin, on Mr Oswald's powers. Conference between the Count de Vergennesand Messrs Franklin and Jay; Mr Jay objects to treating with Mr Oswald, under a commission styling theUnited States Colonies; opinion of the Court assented to by Dr Franklin, that that was no ground of

objection. Conversation on the same subject between Dr Franklin and Mr Jay. Extracts from the instructions

to Sir Guy Carleton, transmitted by Lord Shelburne to Dr Franklin. Conversation with Mr Oswald on thissubject. Form of a commission to Mr Oswald proposed by Mr Jay, recognising the colonies as independentStates. Further conversation with the Count de Vergennes on the same subject. Extract of a letter from MrTownshend to Mr Oswald (Whitehall, September 1st, 1782), declaring that the negotiations were intended to

be carried on in Europe, and on the basis of unconditional independence. Mr Jay, in conversation with MrOswald, points out the inconsistency of this with General Carleton's instructions, and attributes it to Frenchinfluence; it is for the interest of England to treat with America as an independent State. Letter from Mr Jay

to Mr Oswald, stating his objections to his commission. Dr Franklin objects to the letter. Letter from Mr Jay

to the Count d'Aranda (Paris, June 25th, 1782), acquainting him with his readiness to enter upon the

negotiations. Letter from Count d'Aranda to Mr Jay (Paris, June 27th, 1782), expressing a wish to see

him. Conversation between Mr Jay and Count d'Aranda on the western boundary. The Count sends Mr Jayhis proposed boundary line. Conversation with M Rayneval, in which Mr Jay declines treating with theCount d'Aranda, without exchanging powers. Mr Jay assures the Count d'Aranda that the Mississippi is theultimatum of America; objections of the Count. Letter from M Rayneval to Mr Jay (Versailles, September4th, 1782), requesting a visit from him. Letter from M Rayneval to Mr Jay (Versailles, September 6th,1782), transmitting the following Memorial. Memorial of M Rayneval on the right of the United States tothe navigation of the Mississippi. Reflections of Mr Jay on this Memorial. Letter from Mr Jay to the Countd'Aranda (Paris, September 10th, 1782), stating that he is not empowered to cede any countries belonging tothe United States, but is ready to negotiate, with a Minister vested with equal powers, a treaty of amity andcommerce. Reply of the Count d'Aranda, declaring himself vested with ample powers to treat. Visit of theCount d'Aranda to Versailles. M Rayneval goes to England. Probable objects of his visit. Conversationwith Mr Vaughan on the subject of M Rayneval's visit. Mr Jay represents the expediency of treating withAmerica on an equal footing; the inexpediency of attempting to exclude the Americans from the fisheries; and

of restricting the western boundary and the navigation of the Mississippi. Mr Vaughan goes to England tocommunicate these views to Lord Shelburne. Proposed draft of a letter to the Count de Vergennes,

containing objections to Mr Oswald's commission; it does not designate the United States by their proper title;

it empowers him to treat with bodies not having authority to treat by the American constitution; it calls inquestion the independence of the United States; precedents from acts of Congress; America has treated withother powers as an independent State; precedents from other States under similar circumstances; detail of thehistory of the early negotiations of the United Provinces with Spain, showing that they treated with otherpowers on an equal footing, and refused to negotiate with Spain except in like manner; the independenceexists in fact, and not as a grant from Great Britain. Conversation between Mr Jay, the Count d'Aranda, andthe Marquis de Lafayette, on the propriety of Spain's treating with America on an equal footing. The Count

de Vergennes states the object of M Rayneval's visit to England to be, to judge of the real views of the

English Ministry. The claims of Spain to countries east of the Mississippi are of recent origin. Conversationwith M Rayneval on this subject. Mr Oswald receives a new commission, under which articles are agreedon. Conversation between Messrs Jay and Franklin and M Rayneval on the boundaries and fisheries. Thepolicy of the French Court is directed to prevent a cordial reconciliation between America and England, andthus to keep the United States dependent on France

Observations of the Editor on the above letter, 208

Pointing out the misapprehensions of Mr Jay as to the objects of M Rayneval's visit to England

Robert R Livingston to John Jay Philadelphia, November 23d, 1782, 212

Complains of want of information from the Ministers in Europe. English Commissioners will meet with nosuccess in America. Mr Barlow's poem. Mr Boudinot elected President of Congress

To Robert R Livingston Paris, Dec 12th, 1782, 214

The negotiations with Spain are not begun. Unanimity of the Commissioners on all points in the

preliminaries. Mr Adams's services relative to the eastern boundary. Dr Franklin's services on the subject ofthe tories

Robert R Livingston to John Jay Philadelphia, January 4th, 1783, 215

Policy of France towards America erroneously suspected Reasons for this belief. Marbois's letter on thefisheries. The Spanish system of delay favorable to America by putting off negotiations till a more

advantageous time for treating.

To Robert R Livingston Paris, April 7th, 1783, 222

The Spanish Ambassador informs him, that he will be honorably received at Madrid. Services of M deLafayette

To Robert R Livingston Paris, April 11th, 1783, 223

Change in the British Ministry. Russia and Austria are invited to send mediatorial plenipotentiaries to assist

at the definitive treaties

To Robert R Livingston Paris, April 22d, 1783, 224

Spain and England may form a league to secure their American possessions against the United

States. Meaning of the mutual guarantee between Spain and the United States, of their possessions

To Robert R Livingston Paris, May 30th, 1783, 226

Proposes Mr Adams as the most suitable Minister to Great Britain

To Robert R Livingston Paris, June 1st, 1783, 227

Progress of the negotiations. Settlement of his accounts

To Robert R Livingston Passy, July 20th, 1783, 229

Reasons for resigning his commission to the Spanish Court

To the President of Congress New York, July 25th, 1784, 230

Explains the manner in which some bills drawn on him were twice paid. British and American ratifications

of the treaty of peace exchanged

FRANCIS DANA'S CORRESPONDENCE

To the President of Congress Paris, August 10th, 1780, 239

Forwarding certain papers

To the President of Congress Paris, August 24th, 1780, 240

Forwarding letters of Mr Adams, who is absent in the Low Countries

To the President of Congress Amsterdam, September 20th, 1780, 241

Receives despatches from Congress by Mr Searle, and sets off in consequence for the Low

Countries. Suspicions entertained in Holland, that the United States have granted exclusive privileges incommerce to France

Commission to Francis Dana, referred to in the preceding letter, 243

Empowering him to obtain a loan in Holland, in case Mr Adams should be prevented from attending to it.

To Jonathan Jackson Amsterdam, November 11th, 1780, 244

Capture and confinement of Mr Laurens. Intemperate Memorial of Sir J Yorke on the discovery of a plan of

a treaty, drawn up by Mr W Lee and the Regency of Amsterdam. Naval forces of Holland

Instructions to Francis Dana, as Minister Plenipotentiary to the Court of St Petersburg In Congress,

December 19th, 1780, 247

To the Committee of Foreign Affairs Paris, February 16th, 1781, 252

Mr Adams has not obtained a loan in Holland. Resolutions of Congress relative to the Russian declaration

To the President of Congress Paris, March 24th, 1781, 254

Dr Franklin advises the communication of his commission to the Count de Vergennes, and to the RussianCourt. Objections to the latter part of his advice. No provision is made for any secretary or clerk to assisthim

To the President of Congress Paris, March 28th, 1781, 258

Dr Franklin coincides in his objections to communicating his mission to Russia. Desires to be kept informed

of the state of affairs in America

To the Count de Vergennes Paris, March 31st, 1781, 259

Communicating the objects of his mission to St Petersburg. Intends to appear only as a private citizen

To the President of Congress Paris, March 31st, 1781, 261

Manner of communicating his mission to the Count de Vergennes

Count de Vergennes to Francis Dana Versailles, April 1st, 1781, 263

Requests an interview with him relative to his mission

To the Count de Vergennes Paris, April 2d, 1781, 263

Mr Dana will wait on the Count before setting out for Russia

To the President of Congress Paris, April 2d, 1781, 264

Delayed by the proposed interview with the Count de Vergennes. Impolicy of making the

communication. Is determined to proceed to Holland and consult with Mr Adams at all events

To the President of Congress Paris, April 4th, 1781, 265

Conference with the Count de Vergennes on the subject of his mission to Russia. The Count advises him tocommunicate his intention to the Russian Minister at the Hague

To B Franklin Paris, April 6th, 1781, 268

Requests Dr Franklin's opinion, in writing, of the sentiments of the Count de Vergennes, and of his ownopinion on the mission. Intends to consult Mr Adams on the subject.

B Franklin to Francis Dana Passy, April 7th, 1781, 270

Thinks the Count de Vergennes made no objection to his going. Dr Franklin thinks it expedient for him togo

To John Adams Leyden, April 18th, 1781, 272

Requesting his opinion as to the character under which he should go to Russia, and as to the propriety ofcommunicating with the Prince Gallitzin on the subject

John Adams to Francis Dana Leyden, April 18th, 1781, 273

Advises him to proceed to Russia, without assuming any distinction of character, and without communicatinghis intention to the Prince Gallitzin or the Russian Court. The resolutions of Congress on neutral rights ought

to be communicated. The United States should be represented in all countries of Europe

To Edmund Jennings Amsterdam, April 26th, 1781, 277

Requesting him to join him on his mission

Edmund Jennings to Francis Dana Brussels, May 3d, 1781, 278

Accepts of the invitation to join him

To the President of Congress Amsterdam, May 13th, 1781, 278

Corrects some mistakes in Dr Franklin's account of the conference with the Count de Vergennes. Objections

to consulting the Russian Ambassador at the Hague. Mr Jennings

To the President of Congress Amsterdam, May 20th, 1781, 281

Transmitting certain papers

To the President of Congress Berlin, July 28th, 1781, 282

Delay on account of Mr Jennings, who finally declines accompanying him on his route. Policy of the

European powers. Minutes of the Memorial of the French Ambassador to Count Ostermann, relative to theviolations of neutrality by the English. It is important to discover the real sentiments of Russia toward

America. Expects no support from the French Minister at St Petersburg, it being the interest of France not torender America less dependent by gaining new friends

To the Marquis de Verac, French Minister at St Petersburg St Petersburg, Aug 30th, 1781, 289

Apprising the Minister of his arrival

The Marquis de Verac to Francis Dana Thursday, August 30th, 1781, 290

Expresses his satisfaction on Mr Dana's arrival

To the Marquis de Verac, Ambassador from France St Petersburg, September 1st, 1781, 290

Acquainting him with his commission, and his instructions to communicate with the French Minister at theRussian Court

The Marquis de Verac to Francis Dana St Petersburg, September 2d, 1781, 291

The Court of Russia has maintained a strict neutrality between the belligerent powers, and may be unwilling

to receive an American Minister, as it would give rise to complaints of favor for the American cause. Plan of

a mediatorial Congress at which the United States will be represented

To the Marquis de Verac St Petersburg, September 4th, 1781, 294

Considerations on the policy pursued by Russia towards the belligerents. The admission of an AmericanMinister to the proposed mediatorial Congress would be an acknowledgment of independence. The present is

a favorable opportunity for establishing freedom of commerce and navigation for all nations. Reasons whichrender it proper to assume his public character

The Marquis de Verac to Francis Dana St Petersburg, September 12th, 1781, 300

The American Minister at the proposed Congress is intended to treat only with England, and is not therefore

to be admitted as the representative of an independent power, unless after consent of England. Objections to

Mr Dana's assumption of his public character

To the Marquis de Verac St Petersburg, September 13th, 1781, 304

Thanking him for his information and advice

To the President of Congress St Petersburg, September 15th, 1781, 305

Commerce of the southern shore of the Baltic. The objections of the French Ambassador to his assumption of

a public character are unsatisfactory. Reasons drawn from the terms of the proposition of mediation, provethat the mediators intended to treat America as independent. The mediators expected this proposition would

be rejected by England, and would thus leave them to treat more decidedly with the United States. If theEmpress will not receive a Minister from America it had better be known at once

To Robert R Livingston St Petersburg, October 1st, 1781, 312

Article in the project of a treaty proposed by France to Russia, stipulating, that French goods exchanged inRussia for the productions of the country shall be entitled to a drawback. Reason given for this proposition,that otherwise France could obtain the same articles in America, and create a market for French manufacturesthere

To the President of Congress St Petersburg, October 15th, 1781, 314

Receives a copy of the propositions of mediation and of the French answer. Confirmed by these documents

in his former opinion, that the United States were to be treated as independent. Has been informed, that one

of the objects of the armed neutrality was a general pacification on the basis of American independence. Thisplan was obstructed by the delays of Holland. Count Panin. Expectations from the neutral

confederation. The plan of a general pacification founded on a desire to preserve the balance of power bysea

Robert R Livingston to Francis Dana Philadelphia, October 22d, 1781, 319

Announcing the appointment of a Secretary of Foreign Affairs. Successes in the south. Encloses resolutions

of Congress relative to the propositions of the Empress of Russia, respecting the rights of neutrals

To William Ellery St Petersburg, January 17th, 1782, 323

Different offers of mediation by Russia. Effect of the American revolution on the policy of the Europeanpowers. Jealousy of American commerce in Russia

Robert R Livingston to Francis Dana, Philadelphia, March 2d, 1782, 325

The cause of the United States may be served by representations of their actual condition. Military operations

in America. Financial concerns. Ordinance relating to captures. Requests frequent communications

To Robert R Livingston, Secretary of Foreign Affairs St Petersburg, March 5th, 1782, 330

Congratulations on his appointment. The capture of Lord Cornwallis has satisfied Europe, that Englandcannot succeed in recovering the United States. The Empress's offer of mediation will prevent her fromfavoring the United States. Another campaign must be expected. State of the neutral confederation

To Robert R Livingston St Petersburg, March 30th, 1782, 336

The depressed condition of England may lead her to accept the mediation, to which the French and SpanishCourts will accede, on condition of the presence of the Ministers of the United States. Schemes of Austriaand Russia for extending their commerce on the Black Sea. These plans may injure the American cause bydirecting the attention of Russia to a different quarter. Account of Russian commerce

To John Adams St Petersburg, April 23d, 1782, 341

Congratulates him on his success in Holland. Favorable opportunity for the maritime powers to secure thecommerce with America. Delays on their part may produce a separate pacification between Britain and theUnited States

Robert R Livingston to Francis Dana Philadelphia, May 10th, 1782, 345

Reasons which should prevent him from assuming a public character. Absurdity of supposing, that Francewould go to war for the independence of America, and then oppose the recognition of it. Congress stilladhere to their instructions on this point. Desires him to write frequently. State of the military in

America. Sir Guy Carleton succeeds General Clinton. Attempts of England to gain over America to areconciliation entirely without success

Robert R Livingston to Francis Dana Philadelphia, May 22d, 1782, 350

The change of administration in England has produced no change of feeling in America. Congress refuses apassport to General Carleton's Secretary

Robert R Livingston to Francis Dana Philadelphia, May 29th, 1782, 352

Transmitting letters of earlier date. Ten thousand British prisoners in America, which the English refuse toransom. The Germans will be sold for three years

To Robert R Livingston St Petersburg, June 28th, 1782, 352

The Marquis de Verac advises against disclosing his character, notwithstanding the chances in the BritishMinistry. Reflections drawn up by Mr Dana without signature, and communicated indirectly to the RussianCabinet, showing that the commerce of Russia will not suffer by the independence of America. Difficulties

of transmission prevent frequent communications

To Robert R Livingston St Petersburg, August 30th, 1782, 362

The only safe channel of communication with him is through Holland. The Russian Court is fully convincedthat the independence of the United States is permanently established

To Robert R Livingston St Petersburg, September 5th, 1782, 364

The Empress is prevented, by her desire of acting as mediator, from taking any decisive measures in favor ofthe United States. The belligerent powers were never intended to be parties to the marine

convention. Custom at Russian court for a power entering into a treaty with Russia to pay six thousand rubles

to each of the four Ministers. Portugal accedes to the armed neutrality. Rank of diplomatic agents

Robert R Livingston to Francis Dana Philadelphia, September 18th, 1782, 369

Complains of want of information as to his proceedings. Military operations in America. Changes of

measures in consequence of the changes of administrations in England

To Robert R Livingston St Petersburg, September 23d, 1782, 371

Russia will not make any advances towards America. The Russian Cabinet

To Robert R Livingston St Petersburg, September 29th, 1782, 373

Russian commerce. Apprehensions in Russia, that the United States may interfere with that country,

particularly in the articles of hemp and iron. Considerations showing the groundlessness of these fears

To Robert R Livingston St Petersburg, October 14th, 1782, 379

Projects of Russia on Turkey. Anglican character of the Russian Cabinet

To Robert R Livingston St Petersburg, November 1st, 1782, 382

Project for supplying Russia with West India goods by American vessels

Robert R Livingston to Francis Dana Philadelphia, November 7th, 1782, 384

Encloses resolutions of Congress, directing the foreign Ministers of the United States to transmit frequentcommunications. Also resolutions, declaring the intention of Congress not to conclude a peace without theirallies. State of affairs in the United States. Mr Boudinot elected President of Congress. Provisions for thepayment of the salaries of the Ministers

To Robert R Livingston St Petersburg, November 18th, 1782, 387

The British Commissioner having received powers to treat with those of the United States, Mr Dana proposes

to make known his public character. The Marquis de Verac opposes this intention. Advantages of the

measure. Sums to be paid to the Russian Ministers in case of a treaty.

Robert R Livingston to Francis Dana Philadelphia, December 17th, 1782, 391

Military operations of the preceding campaign. General Carleton's attempts at negotiation. Spirit of thepeople. Flourishing State of commerce. State of the circulating medium. Success of the bank. Condition

of the finances. Formation of the State governments. General tranquillity. Insurrection in Massachusettsrepresented as the revolt of New England. Character of Congress. Transmits the constitutions

To Robert R Livingston St Petersburg, December 21st, 1782, 398

Opportunities on which the communications of his powers seemed proper. Circumstances which render itexpedient

To Robert R Livingston St Petersburg, December 27th, 1782, 402

Intends to return to America as soon as a commercial treaty with Russia shall be completed. Reasons for thismeasure

To Robert R Livingston St Petersburg, December 30th, 1782, 404

Advantages of postponing the conclusion of a commercial treaty with Russia

To Robert R Livingston St Petersburg, January 3d, 1783, 406

Treaty between Denmark and Russia on the principles of the Marine Convention. The Marine Conventionitself is limited to the duration of the present war

To the Commissioners of the United States at Paris St Petersburg, January 14th, 1783, 408

Congratulations on the conclusion of the preliminary treaty. The French Ambassador thinks his admissionwould be delayed, if not refused

To John Adams St Petersburg, Jan 15th, 1783, 409

Is prevented by his instructions from communicating his mission. The attention of Russia is turned chiefly tothe east

To Robert R Livingston St Petersburg, January 15th, 1783, 411

Delays the communication of his mission in compliance with the opinion of the French Ambassador. State ofaffairs between Russia and Turkey

To Robert R Livingston St Petersburg, January 31st, 1783, 413

Dr Franklin promises to advance the money necessary to conclude the treaty with Russia. Intends to return toAmerica

To Robert R Livingston St Petersburg, February 10th, 1783, 414

High standing of America in Europe. A direct intercourse between the West Indies and the United Statesought to be secured. Plan of Portugal to establish factories in America

To Robert R Livingston St Petersburg, February 25th, 1783, 417

The French Ambassador advises him not to communicate his mission until the formal announcement of thesigning of the preliminaries by the British Minister. Intends to draw on Dr Franklin for the expenses of thetreaty

Mr Dana's Communication of his Mission to Count Ostermann St Petersburg, March 7th, 1783, 419

To Robert R Livingston St Petersburg, March 7th, 1783, 420

Communicates his mission without the advice of the French Ambassador, on assurances of reception from theRussian Cabinet

To Robert R Livingston St Petersburg, March 12th, 1783, 420

Conversation with one of the Russian Cabinet, who declares there will be no impediment to his reception

To Robert R Livingston St Petersburg, March 21st, 1783, 422

Importance of a direct intercourse with the West Indies. Intends to return to the United States. Insufficiency

of the appointment for a Minister at the Russian Court

To Robert R Livingston St Petersburg, April 17th, 1783, 424

Has yet received no answer to his communication of his mission. Intends to renew his application for anaudience

To Robert R Livingston St Petersburg, April 22d, 1783, 427

Enclosing a copy of his second letter to Count Ostermann, requesting to know the pleasure of the Empress onthe subject of his mission. Is informed that an objection will be made to his letter of credence, on the ground,that it bears date prior to the acknowledgment of the independence of the United States by Great

Britain. Reasons which should prevent Congress from granting new letters on that account

To Robert R Livingston St Petersburg, April 25th, 1783, 430

Interview with Count Ostermann, who declares that the Empress could not receive a Minister from the UnitedStates till the conclusion of the definitive treaty between the belligerents; that she could not then receive onewhose letter of credence was dated prior to the acknowledgment of their independence by Great Britain, norprior to her own acknowledgment of it, nor previous to the reception of an American Minister by GreatBritain. The Count declines delivering these objections in writing. Mr Dana replies to these objections. Isadvised to send a memorial to the Vice Chancellor, showing the fallacy of his objections to Mr Dana's

reception

Robert R Livingston to Francis Dana Philadelphia, May 1st, 1783, 436

Enclosing resolutions recalling Mr Dana. Mr Dana has no power to sign a commercial treaty, and there can

be no advantage in joining the Marine Convention

To Count Ostermann St Petersburg, May 8th, 1783, 438

Enclosing a Memorial to Count Ostermann, containing the objections of the Count to the reception of an

American Minister, with Mr Dana's replies.

To Robert R Livingston St Petersburg, May 9th, 1783, 449

Transmitting his Memorial to Count Ostermann

To Robert R Livingston St Petersburg, May 9th, 1783, 449

Reasons for presenting his Memorial as containing only his private sentiments. Intention of returning. Effect

of the acceptance of the mediation of Russia by the belligerent powers on the present policy of the Empress

To Robert R Livingston St Petersburg, May 13th, 1783, 451

Absurdity of the objections on the part of Russia, to the immediate reception of an American Minister. Theother neutral powers are desirous of forming connexions with the United States. In case no answer is

returned, intends leaving Petersburg for Stockholm

To John Adams St Petersburg, May 15th, 1783, 453

Objections to his reception. Congress ought not to consent to issue new letters of credence of later date.Robert R Livingston to Francis Dana Philadelphia, May 27th, 1783, 455

Transmitting resolutions of Congress, directing that the commercial treaty with Russia be limited to fifteenyears, and be subject to the approbation of Congress. Requesting information on the condition of Russia

To Robert R Livingston St Petersburg, May 30th, 1783, 457

Prepares another letter to the Vice Chancellor, desiring an answer to his Memorial. A promise of an answerprevents the sending of this letter. In case his reception is not determined on, intends to leave the

country. Prospect of a war between Russia and Turkey. Russia has become mistress of the Black

Sea. Rumored project of the House of Bourbon to render the Mediterranean a privileged sea by a

confederation of the powers occupying its shores

To Robert R Livingston St Petersburg, June 6th, 1783, 459

Answer to his Memorial not given as promised. The delay is probably caused by the expectation of theconclusion of the definitive treaty

To Robert R Livingston St Petersburg, June 17th, 1783, 460

Has an audience of Count Ostermann, who explains away his former objections. Written answer of theCount, stating that Mr Dana shall be received when the definitive treaties are concluded. Answer of Mr Dana

to the note of Count Ostermann. Reasons for not transmitting more full information relative to Russia

Mr Dana's plan of a Commercial Treaty between Russia and the United States, 466

To Robert R Livingston St Petersburg, June 24th, 1783, 495

Prospect of a war between Russia and the Porte. American vessels in Russian ports

To Robert R Livingston St Petersburg, July 1st, 1783, 497

Visit of the Empress to the King of Sweden. Forces of the two powers on their mutual boundary. Prospect

of a war with Turkey, and probable consequences. Changes of the corps diplomatique at the Court of St

Petersburg

To Robert R Livingston St Petersburg, July 8th, 1783, 499

Alliance, offensive and defensive, of Austria and Russia against Turkey. Probable policy of the other powers

To Robert R Livingston St Petersburg, July 27th, 1783, 501

Having received the resolutions of Congress, permitting his return, he will not wait for an

audience. Conceives his instructions direct him to conclude a commercial treaty with Russia

To Robert R Livingston St Petersburg, August 8th, 1783, 504

Informs Count Ostermann of his intention to return

To Robert R Livingston St Petersburg, August 17th, 1783, 505

Encloses his letter to Count Ostermann, stating ill health to be the cause of his departure. Interview withCount Ostermann relative to his return

To the President of Congress Cambridge, December 17th, 1783, 510

Announcing his return

as the capitulation of York did those of Virginia It is not improbable, that when General St Clair joins thesouthern army, the enemy will evacuate Savannah, as they are at present extremely weak there; and unlessthey reinforce from New York, may be attacked with a prospect of success.

Your letter of the 20th of September has been received and read in Congress They have not been pleased todirect any particular answer thereto, so that you are to consider it as their wish, that you execute the

commission with which they have intrusted you

You will see that I neglect no opportunity of writing I flatter myself that you will be equally attentive to let ushear from you It is not without some degree of pain, that we receive our earliest intelligence frequently fromthe Minister of France I know you may retort upon us with too much justice, but I hope to give you lessreason to do so in future I send a packet of newspapers with this I sent another sometime ago I hope theymay reach you In one of them you will find an ordinance of Congress, which comprizes all their resolutionswith respect to captures; and forfeits all British goods, which have not been taken, as prizes Perhaps this maymake some arrangements with the Court of Spain necessary; that is, if any prize goods are re-shipped fromthence to America

I am, my Dear Sir, with the greatest esteem and regard, &c

Having heard that a vessel is soon to go to Cadiz from Baltimore, I embrace the opportunity to send a

quadruplicate of my last letter, and to add thereto the little information which this inactive season affords.Nothing passes here between the armies; they are cantoned at a distance from each other The enemy is securefrom attack by the nature of their situation; and we by our numbers, our success, and the apprehensions of SirHenry We turn our faces therefore to the south, and expect from the enterprize of General Greene an activity,which the season will not admit of here

I had a letter from him of 13th of December, which contains the latest advices His camp is at Round O Hewrites in high spirits, and assures me he is preparing for the siege of Charleston, which he is not withouthopes of carrying even before any foreign assistance can arrive I must confess for my own part,

notwithstanding the natural coolness of General Greene, that I believe he is much too sanguine on this

occasion; for I have no conception that his means are adequate to so important an object, more especially astroops have since the date of his letter sailed from New York, as I suppose for Charleston

The governments of Georgia and Carolina are again established, and their legislatures are now sitting Thedetestation of the people for the British can hardly be conceived General Greene's letter expresses it in thefollowing words; "The tyrants of Syracuse were never more detested than the British army in this country;even the slaves rejoice, and find a kind of temporary freedom from oppression on the return of their masters."

I congratulate you upon the capture of St Eustatia and St Martin's The enterprise does the highest honor to theabilities and spirit of the Marquis de Bouillé; and his disinterested generosity is finely contrasted with thesordid avarice of the British commanders

Order and economy have taken place in our finances The troops are regularly clothed and fed at West Point,and most of the other posts, at the moderate rate of ninepence a ration when issued, so that the innumerableband of purchasing and issuing commissaries is discharged The hospitals are well supplied in the same way,and small advances of pay are made to the officers and men Upon the whole, they were never in so

comfortable a situation as they are at present Our civil list formed upon plans of the strictest economy, afterhaving been many years in arrear, is now regularly paid off; and the departments, in consequence of it, filledwith men of integrity and abilities Embargoes and other restrictions being removed, our commerce begins torevive, and with it the spirit of industry and enterprise; and what will astonish you still more is, that publiccredit has again reared its head Our bank paper is in equal estimation with specie Nothing can be moreagreeable than to see the satisfaction with which people bring their money to the bank, and take out paper; orthe joy mixed with surprise with which some, who have hesitatingly taken bank bills for the first time, see thatthey can turn them into specie at their option

Whether Spain wishes for peace or war, it is certainly her interest to push the enemy where they are mostvulnerable, and where she can do it with the smallest expense to herself, and the greatest to her enemy Everyadditional man she enables us to maintain here, forces Britain to lay out four times as much in procuring,transporting, and feeding another to oppose him It has been acknowledged in the British House of Commons,that every man in America costs the nation annually one hundred pounds sterling Though this may appearexorbitant, yet whoever reflects on the first expense of raising and transporting a regiment, and the additionalcharge of sending over recruits to make up deficiencies, and that of sending provisions to an army and itsinnumerable dependants three thousand miles, will think it deserves some degree of credit It is obvious then

as nations are only strong in proportion to the money they can command, that every thousand men we obligethe British to maintain here must make a diminution of their strength in some other quarter, equal to threetimes that number

Enclosed you have copies of two original letters from Mr Deane, in which he acknowledges others thatRivington has published, which speak a still more dangerous language No doubt is entertained here of hisapostacy, or of his endeavor to weaken the efforts of the United States, and to traduce the character of thepeople and their rulers, both in Europe and America You will doubtless use every means in your power todestroy the ill effects, which his calumnies may have had upon the minds of people with you I enclose youthe gazettes, and again entreat you to let us hear from you more frequently, and to leave letters at all times atCadiz, and in the hands of our Consul in France, so that no vessel may sail without bringing us some

intelligence The last letter we had from you is dated in September, near five months ago I dare say this hasbeen owing to some accidental cause, and I only mention it, that you may guard against it by writing morefrequently in future, as the silence of our Ministers excites more uneasiness here than you can conceive Praysend me, when no other subject presents itself, and you have leisure, a sketch of the government of Spain, andthe present state of its trade, marine, military establishments, commerce, revenues, and agriculture

I could also wish to have the Madrid Gazette, and Mercury, and the Court Kalendar of this year I have thepleasure of informing you, that your friends here are well, and as numerous as ever

I am, my dear Sir, with those sentiments of esteem and friendship, which I shall always feel for you, yourmost obedient humble servant,

On the 29th of November last, I received a packet, in which I found enclosed a set of cyphers endorsed by MrSecretary Thomson, and nothing else Mr Barclay had sent it by the post, under cover to a banker here It hadevident marks of inspection, but I acquit the banker of any hand in it.

A letter of the 18th ult from Mr Joshua Johnson, at Nantes, mentions the arrival there of the brig Betsey, fromPhiladelphia, and that she brought letters for me, which were put into the post-office by the captain I have notyet seen them

There are letters in town, brought by the Marquis de Lafayette to France; but I have not yet received a line by

You may rely on my writing you many letters, private as well as official, and as I still have confidence in Mr

R Morris's cypher, I shall sometimes use it to you

A duplicate of my letter of the 3d of October to Congress, which goes with this, renders it unnecessary for me

to go into particulars at present Nothing having since happened but a repetition of delays, and, of

consequence, additional dangers to the credit of our bills

I am, dear Sir, &c

JOHN JAY

* * * * *

TO THE PRESIDENT OF CONGRESS

Madrid, February 6th, 1782

My last particular letter to your Excellency was dated the 3d of October last, by Major Franks I now transmit

a duplicate of it by Mr Stephen Codman, a young gentleman of Boston, who is passing through this city toCadiz, from whence he will either be the bearer of it himself to America, or forward it by some person ofconfidence

From the date of that letter to this day, the Minister has found it convenient to continue the system of delaymentioned in it I have not been able to obtain anything more than excuses for procrastination, and theseexcuses are uniformly want of health, or want of time

There is little prospect of our receiving speedy aids from this Court, and Dr Franklin gives me reason to fear,that a great number of the bills drawn upon me must, after all our exertions to save them, be finally protestedfor non-payment I have, from time to time, given the Doctor a great deal of trouble on this subject, and Iought to acknowledge, that I am under many and great obligations to him for his constant attention to ouraffairs here

As soon as I get a little better of the rheumatism, with which I am now, and have for sometime past beenmuch afflicted, I shall write your Excellency another long and particular letter

I have just received, through the hands of the Minister's Secretary, a letter from Mr Livingston, dated the 13th

of December, marked No 3 It is in cypher, but I cannot read it, nor a duplicate of No 2, enclosed in it, forwant of a key, which, though mentioned to have been enclosed, is missing None of his other letters havereached me A duplicate of Mr Thomson's cypher, brought by Mr Barclay, came to me through the post-officewith such evident marks of inspection, that it would be imprudent to use it hereafter

Notwithstanding all our difficulties here, I think we should continue to oppose obstacles by perseverance andpatience, and my recall should rather be the result of cool policy than of resentment I am somewhat inclined

to think, that it may become politic to suspend it on the reply of the Court to a demand of a categorical

answer Unless the Minister's system should change, (for they still give me hopes) it might perhaps also beproper for me to consult with Dr Franklin and Mr Adams on the subject, and send Congress the result For thispurpose, I submit to Congress the propriety of giving me permission to go to France or Holland

Advantages are certainly to be derived from preserving the appearance of being well here; and such is thegeneral opinion at present But I am still much inclined to think it advisable to push this Court by a demand of

a categorical answer I doubt their venturing to break with us The French Ambassador thinks it would berash, and opposes it Hence principally arises my suspense

I have the honor to be, &c

We were yesterday informed, and so the fact is, that the Castle of St Philip surrendered by capitulation to theDuc de Crillon, on the 4th instant There was no breach made, nor any of the out-works taken The garrisonare to go to England and remain prisoners of war till exchanged.

I am to go to the Pardo this evening There I shall learn some further details from the Minister If I returnsufficiently early for the post, they shall be subjoined

Things look better just at present; but my sky has hitherto been so like an April one, that I dare not as yetflatter you or myself with settled fair weather

I am, Dear Sir, with great esteem and regard, &c

I wrote to you a short letter on the 16th instant I have procured a copy of the gazette to be published

tomorrow, and I send enclosed as much of it as contains the articles of capitulation for Fort St Philip Thisevent takes place very opportunely, and will have a fine effect in England Things begin to look more

promising; but I avoid particulars for a week or two, that I may have a better opportunity of judging whatreliance may be placed in present appearances

With great esteem and regard, I am, Dear Sir, &c

I shall leave town tomorrow, and be absent a few weeks I do not care to do it without letting you know, that

we have nothing worth telling you For want of positive, you must be content with negative information,which sometimes has its use, and failing of any other at least serves to provoke an answer, and makes those towhom it is addressed ashamed of their silence, when they can collect anything to communicate I just nowlearn that General Greene has moved to the Quarter House, five miles from Charleston, and detached a part ofhis army to Georgia The enemy have evacuated all the outposts they held in that State, and retired intoSavannah It is imagined that they will shortly evacuate and concentre their forces at New York Emptytransports have sailed from the latter place, but whether to bring away the troops from Charleston I cannotsay We are extremely anxious to hear the event of a battle, which has been fought in the West Indies betweenthe fleets, but of which we know nothing certain

Enclosed you have a copy of a letter from Mr Pollock, who is well acquainted with the country about theMississippi; it contains some information which may be of use to you I also enclose you sundry resolutions ofCongress, organizing the office of Foreign Affairs, from which you will learn the extent of my powers, andnot be misled by supposing them greater than they are.

I am, Dear Sir, with great esteem and affection,

Acquainted with the expectations of Congress, and the grounds on which they formed them, you will easilybelieve, that they are equally surprised and concerned at the little attention hitherto shown by Spain to theirrespectful solicitations They had learned from every quarter that his Catholic Majesty, among the princelyvirtues he possesses, was particularly distinguished for his candor, and that open dignity of character, which isthe result of having no views that he found any reluctance in disclosing; and that the Ministers in whom heconfided, breathing the spirit of the Prince, were above those artifices, which form the politics of inferiorpowers They knew the insults which Spain had received from Great Britain, and they could conceive noreason why she should conceal or refuse to return them by supporting openly the people, whom Britainunjustly endeavored to oppress These principles, confirmed by the frequent recommendations of those whomthey believed to be acquainted with the sentiment of the Court of Madrid, induced them to send a Minister tosolicit the favorable attention of his Catholic Majesty to a people who were struggling with oppression, andwhose success or miscarriage could not but be important to a sovereign, who held extensive dominions intheir vicinity Give me leave to add, Sir, that in the choice of the person, they were not inattentive to thedignity of the Court; or to the candor and integrity by which they were supposed to be influenced I would nothave you infer from what I have said, that the favorable sentiments, which the United States have hithertoentertained of the Court of Madrid, have undergone the least alteration They are satisfied that nothing would

be more injurious to both nations, than to permit the seeds of distrust or jealousy to be sown among them.But though those who are well informed feel no abatement of respect or esteem for the virtue and

magnanimity of his Majesty, and do full justice to the integrity and abilities of his Ministers, accepting theapologies you mention, and attributing to their true causes the delays and neglects you have unhappily

experienced, yet they are in the utmost pain, lest they should work some change in the sentiments of thepeople at large, in whom with us the sovereignty resides, and from thence diffuse themselves into the

government, and be productive of measures ruinous to that friendly intercourse, that spirit of amity, which it isthe wish of those who are acquainted with the true interests of both countries to promote

After the war was declared by Spain, those among us who had formed the highest ideas of her magnanimity,persuaded themselves that she would act advisedly for us when she found us in distress They grounded their

belief upon the avowed spirit of the nation, and the policy of adopting measures to re-animate us and damp theardor of the enemy, and to make such impressions upon our hearts, as to give them in future a considerableinfluence on our councils Our disappointment in this expectation, though perhaps to be accounted for uponvery natural principles, has been greatly aggravated by the sedulous endeavors of the enemies of both

countries to create distrust and jealousies They artfully insinuate, that Spain seeks only to draw advantagesfrom our wants, without so far interfering in our affairs as to involve herself, if we should be unsuccessful.These insinuations are gaining ground, and it becomes daily more necessary for Congress to be furnished withreasons to justify to their constituents the concessions they have proposed to make, or to withdraw thoseconcessions when they are found ineffectual Yet they find much reluctance in discovering the least want ofconfidence in the Court of Madrid; and though their present situation might fully justify them in not partingwith the important rights you are empowered to concede, without stipulating some very valuable equivalent,yet they cannot be induced to make any alteration in your instructions on this subject, till you shall havereason to conclude, that nothing can be done towards forming the alliance they have so much at heart; notonly because of the influence it will immediately have in accelerating the peace, but because of the

advantages, which Spain and America may reciprocally promise each other in future, from the lasting

connexion which will be erected thereon

Though the delays you have met with afford room to suspect, that Spain wishes to defer a particular treatywith us till a general peace, yet I see so many political reasons against such a measure, that I can hardlypresume they will adopt it

At the close of a successful war, a great and powerful nation, to whom a character for justice and moderation

is of the last importance, can in no case demand more than a compensation for the injuries received Thiscompensation will, indeed, be measured in part by their success But still it has bounds, beyond which anation cannot go with dignity Spain has insisted upon the cession of Gibraltar as a preliminary to a peace.This is, of itself, a considerable compensation for any damage she may have sustained Should she carry herdemands further, and agreeably to the ideas of the Spanish Ministers, expect to have any exclusive right to theGulf of Mexico, and the river Mississippi, she must not only demand East and West Florida of the British, butshe must support the claims of Great Britain against those of America, the claims of an enemy against therights of a friend, in order that she may make still further demands

Will it consist with the dignity of his Catholic Majesty to ask, for the short space in which he has been

engaged in the war, not only Gibraltar, but the two Floridas, the Mississippi, the exclusion of Great Britainfrom the trade to the Bay of Honduras; while the other branch of the House of Bourbon, who engaged early inthe controversy, confines her demands to the narrowest limits? Will he expose himself to the imputation ofdespoiling an ally, (for such we are in fact, though we want the name) at the instant that he is obtaining thegreatest advantages from the distress, which that ally has, at least in part, contributed to bring upon his

enemy? And this too, without the least necessity, when he may, by accepting and purchasing our title, appear

to have contended for the rights of the United States This will then make no part of the satisfaction to which

he is entitled from Great Britain; he may justly extend his demands to other objects; or exalt his character formoderation, by limiting them to narrower bounds This mode of reasoning will come with more weight, when

we display our rights before impartial mediators, and show that recent conquests have been added to ourancient title, for it cannot be doubted, that we shall at the close of the war make the most of those rights,which we obtain no equivalent for, while it continues

I persuade myself, therefore, that Spain will not risk the loss of so important an object as the exclusive

navigation of the Mississippi, by postponing the treaty to a general peace, more particularly as a treaty with uswill secure our concurrence in their views at a general Congress, as well as save them the necessity of makingdemands inconsistent with that character for moderation, which their great power renders important to them.Congress flatter themselves, that the surmises on this subject are groundless, and that before this reaches you,the treaty will be far advanced Should they be mistaken, you will take measures to know from Spain, whether

she accepts your concession as the price of our alliance, and upon what terms If they are such as you cannotclose with, and the treaty must break off, be persuaded, that any steps you have taken or shall take, not

inconsistent with the respect due to his Catholic Majesty, to prevent the cessions you are empowered to makefrom militating against our rights, will be approved by Congress

Congress presume you will find no difficulty in knowing the intentions of his Majesty on this subject, sincethey wish you to treat his Ministers with that unreserved confidence, which becomes the representative of anation, which has no views that it does not avow, and which asks no favor which it does not hope to return,and, as in the present happy state of his Majesty's affairs, they can conceive no reason for disguising hisdesigns, they are satisfied, that your frankness will meet from his Ministers with the confidence it merits

I make no observations on the hint the Count de Florida Blanca gave you, with respect to the restitution ofsuch sums as Spain might be pleased to advance to us; because, whatever claims we might set up to a subsidyfrom the share we take in the burthen of the war, and the utility of our exertions in the common cause, we arefar from wishing to lay ourselves under any pecuniary obligations for a longer time than is absolutely

necessary A few years of peace will enable us to repay with interest any sums, which our present necessitiescompel us to borrow

I cannot close this letter without expressing the grateful sense, that Congress entertain of the disinterestedconduct of Spain, in rejecting the proffers of Great Britain, which must undoubtedly have been considerable,

if they bore that proportion to the importance of his Catholic Majesty in the great system of politics, whichthose that have been frequently thrown out to lead the United States to a violation of their engagements, havedone to their comparatively small weight in the general scale But as America never found the least inclination

to close with the insidious proposals of Great Britain, so she finds no difficulty in believing, that the wisdomand magnanimity of his Catholic Majesty will effectually guard him against every attempt of his naturalenemy, to detach him from those, who are daily shedding their blood to avenge his injuries in common withtheir own

I have the honor to be, &c

of about men They are well disciplined, clothed, and fed; and having for the most part seen seven years'hard service, I believe they may be counted equal to any troops in the world Our militia are in excellent order,and chiefly disciplined by officers who have left the regular service While the army lies in the middle States,

it can in ten or fifteen days receive a reinforcement of men for any particular service Facts, that you can

easily call to mind, will evince that any deficiency in the regular troops is amply made up by this supply.These are loose hints by no means directory to you Congress mean as little as possible to clog you withinstructions They rely upon your judgment and address to reconcile whatever differences may appear to bebetween the views of Spain, and the interests of these States.

I have the honor to enclose an important resolution, which I fear to put in cypher, both because you seem to be

at a loss about your cypher, and because it would be of little use, considering the accident which you say hashappened to it

I have the honor to be, &c

Dr Franklin, to be made use of as necessity might require, and, for that purpose, wrote him the following letter

on the 10th of September, viz

"He will bring you a copy of Mr Morris's letter to me, from which you will see the present state of Americanfinances, and the measures he is prosecuting to ameliorate them My former letters mentioned my

apprehensions, that many more bills had been drawn upon me, than those for which the sum you authorised

me to draw upon you for would satisfy Near seventy thousand dollars will be wanted to pay those which havesince arrived, and although I cannot think it improbable that provision may here be made for at least a part ofthat sum, yet the delays which usually attend operations of this kind render it highly necessary, that occasionalresources be elsewhere had

"This consideration, so far as it applies to the payments to be made in the two succeeding months, obliges meagain to recur to you

"The sanguine expectations entertained by our country from the appointment of Mr Morris, his known

abilities, integrity, and industry, the useful reformations he has begun, and the judicious measures he ispursuing abroad, as well as at home, afford reason to hope, that under his direction American credit will bere-established, and the evils which have long threatened us on that head avoided.

"It will be useless, therefore, to remark, how important it is to prevent our credit from receiving a deep

additional wound at the very moment when so much is doing to recover it The protest of any of our publicbills for want of payment would at this period be more injurious than heretofore, and unless again saved byyou, that cruel necessity must take place with respect to those on me Besides, as the singular policy of

drawing bills without previous funds will now be relinquished, we have reason to flatter ourselves, that weshall in future have no embarrassments of this kind to struggle with I am well persuaded, that Mr Morris willnot pursue such hazardous and unprecedented measures, and, therefore, as in all human probability the presentdifficulties will be all that we shall have to surmount, I hope you will think with me, that the utmost exertionsshould be made for the purpose, and that after having done so much to save the credit of American bills, youwill still be disposed to do everything in your power to put it out of danger

"When it will be in my power to replace the sums drawn from you, is hard to divine All I can say or do is toassure you, that nothing but want of ability shall delay or prevent it

"When I consider how much might have been saved, had my bills on you been sold to those who would havetaken them on the best terms, I cannot forbear thinking, it would be advisable to give me only general

authority to draw for such sums as I may want, not exceeding the one you may limit

"The sum wanted for October is twelve thousand five hundred and sixtyseven dollars, and for November threethousand and six hundred

"I particularise only the payments due in these two months, because, before the first of December, I hope myexpectations from other quarters will at least be ascertained

"I am, Dear Sir, with great and sincere regard and esteem, your obliged and obedient servant,

JOHN JAY

"P S The Marquis d'Yranda has received a letter from Mr Grand, informing him that no more bills are to be

drawn upon you by me without further order I am a little at a loss to determine whether this restriction isintended to extend to the balance, which remains of the twentyfive thousand dollars allotted for the payment

of the bills at two months' sight, and for which I was only to draw as occasion might require

"Lest my having refused to accept some bills drawn upon me by Congress, should give rise to reports

prejudicial to their credit, I transmit herewith enclosed a state of that case; you will be pleased to make suchuse of it, as circumstances may render necessary I gave a copy of it to the gentleman who presented the bills,and desired that it might be recited at large in the protest

J J."

It was not till after several of the bills due in October had become payable, that I received the Doctor's

friendly answer of the 29th of September, in which he permitted me to draw for the sum requested; so that hadnot M Cabarrus, my banker, consented to make the necessary advances, I should have been extremely

embarrassed, for, as I before apprehended, any reliance for immediate though small supplies from this Courtwould have proved delusive

This credit from Dr Franklin enabled me to see our bills duly paid for two months, and I had some faint hopesthat before the month of December should arrive with further bills, the intention of this Court on the subject of

supplies might be ascertained.

I will now proceed to resume the narrative of our affairs here from the date of my abovementioned letter to thePresident, of the 3d of October last, confining myself to such matters as appear to me necessary to enable you

to form a just and clear idea of my negotiations

My letter of the 3d of October mentions my having been then lately promised, that a person should be

appointed to confer with me, as well on the subject of my propositions for a treaty as on that of my applicationfor aids, and that his instructions should be completed before the Court should remove from St Ildefonso tothe Escurial, which was soon to take place

This communication was made to me on the 27th of September, and, lest pretext for delay might arise from

my absence, I determined to remain at St Ildefonso until the Court should be on the point of leaving it

On the 5th of October I found that no further progress in our affairs was to be made before the Court should

be settled at the Escurial, to which they were then preparing to go I therefore concluded to return to Madrid,and, with the approbation of the Ambassador of France, I wrote the following note to the Minister, viz

"Mr Jay presents his compliments to his Excellency, the Count de Florida Blanca, and has the honor of

informing him that he purposes to return to Madrid tomorrow, and will with pleasure attend his Excellency'sorders at the Escurial, as soon as it may be convenient to his Excellency to render his presence there

necessary

"St Ildefonso, October 5th, 1781."

To this I received the following answer

Translation

"The Count de Florida Blanca presents his compliments to Mr Jay, and wishes him a pleasant journey He will

write to him as soon as he can say anything positive on the subject of his last note October 5th, 1781."

Four days afterwards the Count sent me a complaint against Commodore Gillon, of the South Carolina frigate,then lying at Corunna, and I insert copies of the papers which passed between us on that occasion, not onlybecause I ought to give an account of all interesting public transactions, but also that my conduct on thisoccasion may stand contrasted with that of the Minister on some other similar ones

Recital of a Complaint exhibited by the Count de Florida Blanca against Commodore Gillon.

Translation

"An American vessel of war has arrived at Corunna, having on board two soldiers, deserters from the Irishregiment of infantry The commander of the Province having claimed them, the captain refuses to deliverthem up on any pretext whatever, pretending, among other reasons, that all his equipage belongs to his MostChristian Majesty This is not at all probable, for if the officers and crew were subjects of France, it wouldhave been improper to pass off the vessel for a frigate of the United States, under the American flag Besides,these deserters having fled to a French vessel of war, to the demand of their surrender by the Spanish

commander, it was replied on the word of honor of the captain, that they were not on board; so that, supposingthe frigate to be a French ship, there is reason to suppose that they would have been surrendered

"The Count de Florida Blanca has thought it necessary to inform Mr Jay of these facts, in the full persuasionthat he will have the goodness to write by the first post to the captain, in such terms as to induce him to

surrender the deserters; it shall be understood, that they shall not be punished, and shall finish their

engagements in their own corps, or in some other better paid

"Mr Jay is too reasonable not to grant that it would be unjust for a vessel to appear in a port, solely to requireand receive all sorts of attentions and marks of respect, (without any previous claim or engagement) and at thesame time to refuse and deliver up any subjects, which it should have on board, of the sovereign of the

country in whose name all these tokens of respect have been rendered

opportunity of manifesting to his Majesty and to Congress my attention to his rights and to their orders

"I perfectly agree in sentiment with your Excellency respecting the impropriety of detaining on board theAmerican frigate at Corunna, the two men claimed by the commandant there, as deserters from one of hisMajesty's regiments

"Your Excellency's remarks on this subject are no less delicate than just; and your assurance that these menshall not be punished renders a compliance with the requisition to deliver them up no less consistent withhumanity than with justice

"It gives me pleasure to confess, that the hospitable reception given to American vessels in the ports of Spaingives his Majesty a double right to expect, that their conduct should at least be inoffensive In the present case,(as stated in your Excellency's letter) I am fully convinced of the justice of this demand, that I should nothesitate to comply with it, even though made on a similar occasion by the Court of Portugal, from whoseaffected neutrality we suffer more evils, than we should experience from any open hospitality she is capable

of executing

"Agreeably to your Excellency's desire, I have written a letter (of which the enclosed is a copy) to the

commanding officer of the frigate in question; and as the manner in which your Excellency's letter to metreats this subject cannot fail making agreeable impressions on Americans, I shall take the liberty of sending acopy of it to Congress, as well as to the abovementioned officer

"I cannot omit this opportunity of expressing my acknowledgments for your Excellency's promise to write to

me from the Escurial, as soon as you shall be in a capacity to speak positively on the subject of my late letter.Permit me only to remark, that the season wears away fast, and that Congress must be extremely anxious tohear that the delays, which have so long kept them in a disagreeable state of suspense, are finally and happilyterminated

"I have the honor to be, &c

JOHN JAY."

The letter written to the commanding officer of the frigate, a copy of which was furnished to the Count deFlorida Blanca, is as follows

"If the men in question are citizens of one or other of the United States of North America, and admitted to besuch, refusing to deliver them up, as deserters from the service of Spain, may be proper, because while theirown country is at war, they cannot without her consent enter into the service of any other power.

"If they are Spaniards, then they are the subjects of his Catholic Majesty, and ought not to be withheld fromhim

"If they are foreigners, in that case whatever right they might have to enter into the American service, theycertainly had an equal one to enter into that of Spain; and if they had previously engaged with the latter, theirsubsequent enlistments with you were void, and Spain being in friendship with us has a just right to reclaimthem

"If they deny their having enlisted in the Spanish service, still like all other foreigners who come into thiskingdom they ought to submit to the justice of the country, and you ought not to screen them from it,

especially as it cannot be presumed that the charge made against them is destitute of probability

"As to the circumstance of your crew's being subjects of the King of France, I cannot think that any argument

to justify your detaining them can be drawn from it For admitting them to be French subjects, yet as it may belawful for them (Spain and France being allies) to enter into the service of Spain, the right of Spain to enlistmust necessarily involve a right to compel obedience, and also to retake and punish deserters Besides, as anyquestions about the legality of such enlistments concern only those two crowns, Americans cannot withpropriety interfere

"In whatever light I view this affair, I cannot perceive the least right that you can have to detain these men,after having been thus formally and regularly, demanded by proper authority, as deserters from the service ofhis Catholic Majesty

"You may observe that I treat this subject merely as a question of justice, arising from that general law, whichsubsists and ought to be observed between friendly nations

"I forbear making any remarks on the impolicy of your persisting to detain these men I hope never to seeAmerica do what is right merely because it may be convenient I flatter myself that her conduct will uniformly

be actuated by higher and more generous principles, and that her national character will daily become moreand more distinguished, by disinterested justice and heroic magnanimity

"I shall take the earliest opportunity of transmitting a particular state of this affair to Congress, and I cannotdoubt but that your conduct will merit their approbation, by being perfectly consistent with a just regard to thedignity and rights of a sovereign, who has acted not only justly but generously towards our country

"If your reluctance to deliver up those men should have arisen from an apprehension of their suffering thepunishment, which on conviction would be due to their offences, that reluctance ought now to cease, becausehis Excellency, the Minister, has been pleased to assure me, that they shall not be punished, but only obliged

to fulfil those engagements, which they ought to have honestly performed instead of deserting

"In short, Sir, although on the one hand, I will never advise or encourage you to violate the rights of themeanest man in the world, in order to answer political purposes; yet on the other, I shall always think it myduty to advise and encourage both you and others to render unto Cæsar whatever may belong unto Cæsar

"I am, &c

JOHN JAY."

In answer to this letter, the Commodore wrote me one, which, according to the state of facts mentioned in it,showed that the charge against him was precipitate, and, as he in that letter predicted, I have never since heardanything further from the Minister on the subject

You may recollect, that copies of certain letters from Colonel Searle and Mr Gillon, which I had just received,were subjoined to my letter of the 3d of October last These letters were soon followed by several others.Colonel Searle's representations against the Commodore's conduct were very strong, and tended to create anopinion, that the ship and public stores on board of her were in danger He desired me to send some person toCorunna, with proper instructions on the subject, and as an additional inducement offered to transmit to methrough him some important information, which had been confidentially communicated to him in Holland by

Mr Adams, and which he did not choose to hazard by a common conveyance

Considering the nature of these representations, and the limits and objects of my commission and instructions,

it became a difficult question how far I ought, and in what manner I could interfere I finally judged it wouldnot be improper to send Mr Carmichael down with instructions to make a full inquiry into the facts allegedagainst the Commodore, and to use my influence with this government to stop the vessel for the present, incase on such inquiry there should arise a very strong presumption, that such a step would be necessary topreserve her Mr Carmichael did not think that a business of this kind was within the duty of his appointment,and he doubted his being able to ride post so far This was a delicate business, and the management of it couldwith propriety be only committed to one, in whose prudence and circumspection much confidence might bereposed It would have been improper for me to have undertaken it, because I could not justify exposing by

my absence our negotiations for aids and a treaty to unseasonable delays

Soon afterwards I received a very long exculpatory letter from the Commodore This letter placed his

transactions in a different point of view, and inclined me to think that the proposed interposition on my partwould have been unnecessary

I forbear burthening these despatches with copies of the various letters I have received and written on thissubject, as well because, as they relate to transactions in Holland and France, with the public agents andMinisters in those countries, they are not properly within my province, as because they contain nothing ofsufficient importance to make it necessary for me again to send further copies

You will be pleased to observe, that my last letter to the Minister was dated the 9th of October, and that there

is a paragraph in it soliciting his speedy attention to the affairs on which he had promised to write to me Ireceived no answer Some weeks elapsed and the same silence continued

I consulted the Ambassador of France, as to the propriety of my going to the Escurial, and endeavoring toprevail upon the Minister to proceed in our affairs, observing that the measures of Spain, with respect to us,might be important if not to this, yet to the next campaign, and that the sooner they were decided, the better

enabled Congress would be to regulate their future operations He was of opinion, that as the Minister hadpromised to give me notice of the time when he would be able to transact these affairs with me, it would bemost prudent to wait with patience somewhat longer, and not by an appearance of too great solicitude, to givehim uneasy sensations All things considered, this advice appeared to me discreet, and I followed it.

Thus the month of October produced nothing but expectation, suspense, and disappointment

About this time M Gardoqui mentioned to me a singular ordinance which occasioned, and is explained in thefollowing letter from me to the Minister, viz

"Madrid, October 28th, 1781

"Sir,

"M Gardoqui informs me, that his Majesty was pleased in the month of March last to order, 'that when a prizetaken by a French or Dutch vessel should arrive in a port of Spain, the Marine Judge of the District shouldreduce to writing the evidence of the capture, and deliver it to the French or Dutch consul, (as the case mightbe) to be by him transmitted to the Admiralty, from whence the commission of the captors issued in order thatthe legality of the capture might there be tried; and further, that the sentence which might there be passedshould, on being duly certified to the aforesaid judge, be executed under his direction.' I am also informed,that on the 12th instant, his Majesty was pleased to extend the abovementioned order to prizes taken byAmerican vessels of war, and sent into any of the ports of Spain

"So far as this order affects the United States of America, I take the liberty of representing to your Excellency,that the execution of it will necessarily be attended with the following inconveniences

"1st The distance of America from Spain is so great, and the intercourse between the two countries rendered

so precarious by the war, that many months must unavoidably elapse before the sentence of an AmericanCourt of Admiralty can be obtained and executed here

"2dly That by these delays all cargoes, or parts of cargoes, which may be of a perishable nature, will be lost,and the value of the vessel and rigging greatly diminished

"3dly That as his Majesty has not as yet been pleased to grant the United States the privilege of havingconsuls in his ports, it is not in their power to provide for the transmission of the evidence of captures, in themanner specified in the abovementioned order

"4thly That in case the prize should be claimed as a neutral vessel, the claimants must either prosecute theirclaim in America, or the sentence given there could not be influenced by it; and yet it is more probable, thatthose claimants would endeavor to avoid that expense and trouble, by applying here for an order to suspendthe execution of the sentence, as well as for a trial of the merits of their claim by a Spanish tribunal In whichcase the same cause would become subject to two jurisdictions, and tried by two different independent courts,

in two different countries

"This order not being published, it is possible, that my information respecting it may not be right in all itsparts; though I have reason to believe from the usual accuracy of M Gardoqui, (from whom I received thisinformation) that I am not mistaken

"There is at present an American prize at Bilboa, and all judicial proceedings respecting it are now at a stand

"The importance of this subject to the United States, and in some measure to the common cause, will I hopeapologize for my troubling your Excellency with these remarks, and for requesting, that the embarrassments

in question may be removed, in such a manner as may be most agreeable to his Majesty.

"I have the honor to be, &c

For my own part I rather suspect that this order treated us as an independent nation, and that the Ministerfound it difficult to establish any general regulations respecting our prizes or commerce, without meeting withthat obstacle M Gardoqui informed me, that one of the Judges permitted him to read it, but would not let himtake a copy of it, and that it only contained an extension to American prizes, of the regulations before

ordained for Dutch and French ones

As to the prize at Bilboa, a particular order was issued in that case for selling the ship and cargo, on thecaptors giving security to produce, within a year, an exemplification of a sentence of an American Court ofAdmiralty to justify it

On the 5th of November, M Gardoqui communicated to me certain letters and papers from which it appeared,that the Cicero, Captain Hill, had been stopped at Bilboa, by an order of the Minister, on a charge of improperconduct towards one of the King's cutters Upon this subject I wrote the following letter to the Count deFlorida Blanca, viz

"Madrid, November 6th, 1781

"Sir,

"It gives me much concern to be informed, that the conduct of Captain Hill, of the Cicero, an Americanprivate ship of war, towards one of his Catholic Majesty's cutters, has been so represented to your Excellency,

as to have given occasion to an order for detaining him at Bilboa

"This unfortunate affair is represented to me as follows

"That Captain Hill, with a prize he had taken, was going from Corunna to Bilboa That in the night of the 26th

of October last, he discovered an armed vessel approaching the prize Captain Hill suspecting it to be a Jerseyprivateer, hailed her, and ordered her to send her boat on board They answered in English, that their boat wasout of repair This circumstance increased his suspicions that she was an enemy, and induced him to insist ontheir sending a boat on board; which not being complied with, he was persuaded it was an enemy, and

accordingly gave them a broadside Upon this they sent a boat to the Cicero and convinced Captain Hill, thatthe vessel was a Spanish cutter

"If this is really a true state of the fact, and I have reason to believe it is, I am persuaded, that your Excellencywill not think Captain Hill's conduct was unjustifiable, or contrary to the common usage in such cases Having

a valuable prize under his care, it was his duty to protect it, and as it was impossible for him at night to

discover an enemy from a friend, in any other manner than the one he used, the Captain of the cutter certainlyappears to have been remiss in not sending out his boat at first as well as at last

"Both the Cicero and her prize now lie at Bilboa, laden with valuable cargoes, and expected to sail from

thence for North America on the 16th instant The privateer alone, has one hundred and forty men on board,and should they not be permitted to sail at the time appointed, a very considerable expense must inevitably beincurred, because they would be obliged to wait for the next spring tides.

"As no American vessel can have the least temptation to violate the rights of Spain, but as on the contrary it isthe well known interest, as well as disposition, of the United States to cultivate the friendship of his CatholicMajesty, I am convinced, that there was not in this case the least intention of disrespect to the Spanish flag.Permit me therefore to hope, that your Excellency will be pleased to permit the departure of these vessels by ageneral order, or on Captain Hill's giving security for the payment of such damages, as he may becomechargeable with, on the issue of a judicial inquiry into this transaction

"I assure your Excellency, that no citizen of America will be countenanced by the United States in any

improper conduct towards his Catholic Majesty, or any of his subjects, and if I had the least reason to think,that Captain Hill was in this predicament, it would give me much more pleasure to hear of his being punishedthan released

"I have the honor to be, &c

"St Lorenzo, November 8th, 1781."

REPLY TO THE ABOVE NOTE

"Madrid, November 12th, 1781

"Sir,

"I have received the letter, which your Excellency did me the honor to write on the 8th instant

"It gives me pain to hear, that the conduct of an American vessel of war should be so reprehensible as that ofthe Cicero has been represented to be It is proper that I should inform your Excellency, that the captains of allAmerican private ships of war give bond with sureties, to fulfil the instructions they receive with their

commissions; and that these instructions enjoin them to behave in a proper manner towards friendly nations

"As the honor and interest of the United States render it highly necessary, that their officers and citizensshould, upon all occasions, pay the most scrupulous regard to the rights of other nations, I must request thefavor of your Excellency to communicate to me a state of the facts charged against Captain Hill, that by beingtransmitted immediately to America, Congress may be enabled to take such measures relative to him, as todeter others from the commission of the like offences

"Your Excellency would also oblige me, by informing me how the satisfaction demanded of Captain Hill is to

be ascertained, and to whom it is to be paid As his remaining much longer in his present situation would be agreat loss to his owners, I wish, for their sakes, that he may be released as soon as possible; and, I am

persuaded, that your Excellency will not think it necessary to detain him longer than until the satisfaction inquestion can be ascertained and paid

"I greatly regret that other American privateers have also given occasion to complaints I assure your

Excellency, that nothing on my part shall be wanting to prevent the like in future, and I am sure that Congresswould consider themselves obliged, by your Excellency's putting it in my power to convey to them exactdetails of any complaints against their officers

"I have the honor to be, &c

JOHN JAY."

Much reason has been given me to believe, that the hard proceedings against Captain Hill were not justifiable,and the Minister's declining to furnish me with a state of the facts supposed to be alleged against him speaksthe same language What intelligence the Count may have respecting this misconduct of any other of ourarmed vessels, I know not, nor have I heard any other insinuations of that kind, except what are contained inhis note

The Count omitted to take any notice of my last letter on this subject, and it was not before the 26th of

November, that the matter was determined by the order alluded to in the following polite letter

Translation

"My Dear Sir,

"From respect to your Excellency and to the American Congress, the King has determined that Captain Hill,

on satisfying, or giving security to satisfy, the damage he has done to one of our vessels, on account of which

he is detained, shall be at liberty to return to his country when he pleases For this purpose I communicate theenclosed order to the Corregidor of Bilboa, and repeating myself to be at the service of your Excellency, Ipray God to preserve you many years

COUNT DE FLORIDA BLANCA."

The next day I sent the Count some American papers, which had just come to hand, and enclosed them with acard, in which there was this paragraph

"Mr Jay has received the letter, which his Excellency did him the honor to write yesterday by M Gardoqui,and is greatly obliged by the permission granted to Captain Hill to depart, as well as by the polite terms inwhich that circumstance is communicated to Mr Jay."

As further remonstrance on this subject would have been useless, I thought it best to appear satisfied, and not,

by any expressions of discontent, to hazard new obstacles to the attainment of our more important objects

I must now return to the old subject Although the Count had been some weeks at the Escurial, and I had invain waited with great patience for the letter, which the Minister had promised to write to me on leaving StIldefonso, yet as many bills would become payable in December, and I was unprovided with funds, I thought

it high time to remind the Minister of my situation

I therefore wrote him the following letter

"Madrid, November 16th, 1781.

"Sir,

"I find myself constrained to beseech your Excellency to think a little of my situation Congress flatter

themselves, that the offers they have made would certainly induce his Majesty at least to assist them withsome supplies The residue of the bills drawn upon me remain to be provided for Those payable in the nextmonth amount to thirtyone thousand eight hundred and nine dollars Would it be too inconvenient for yourExcellency to lend us this sum? Before January, when further bills would become payable, your Excellencymay probably find leisure to give me an answer respecting our propositions The time presses; I entreat yourExcellency's answer I can only add, that I am, with great consideration and respect, &c

JOHN JAY."

To this letter I never received any answer, and it is remarkable, that the Count's subsequent letter of the 26th

of November, announcing the permission given to Captain Hill to depart, does not take the least notice of it.Whatever might be the Minister's real intentions, as to furnishing me with the funds necessary to pay the bills

to become due in December, it appeared to me imprudent to neglect any means in my power to provide for theworst I therefore apprised Dr Franklin (to whom I am under great obligations, and have given much trouble)

of my hazardous situation by the following letter

"Madrid, November 21st, 1781

"Dear Sir,

"It seems as if my chief business here was to fatigue you and our good allies with incessant solicitations onthe subject of the ill timed bills drawn upon me by Congress It is happy for me that you are a philosopher,

and for our country that our allies are indeed our friends Amicus certus in re incerta cernitur.

"This Court continues to observe the most profound silence respecting our propositions

"I cannot as yet obtain any answer to any of my applications for aids Heretofore the Minister was too sick ortoo busy At present his Secretary is much indisposed I have requested that he would lend us for the presentonly as much as would satisfy the bills of December, viz thirtyone thousand eight hundred and nine dollars;

no answer What is to be done? I must again try and borrow a little, and, as usual, recur to you Thank God, nonew bills arrive; if they did, I should refuse to accept them; only a few straggling old ones now and thenappear

"Would not the Court of France, on your representing this matter to them, enable you to put an end to thisunhappy business? Thirty thousand pounds sterling would do it I am sure the evils we should experiencefrom the protest of these bills would cost even France a vast deal more You see my situation; I am sure I neednot press you to deliver me from it if in your power

"I cannot yet believe, that all the assurances of this Court will vanish into air I still flatter myself that theywill afford us some supplies, though not in season I think we might very safely offer to repay the FrenchCourt the proposed sum in America, for surely Congress would not hesitate to prefer that to the loss of theircredit

"I enclose a newspaper, which gives us reason to indulge the most pleasing expectations God grant they may

be realised I have a letter from Mr Gerry, dated at Marblehead the 9th of October He was then in dailyexpectation of hearing that Lord Cornwallis and his army were our prisoners He describes the last harvest asvery abundant, and the general state of our affairs as very promising; much more so, indeed, than ever they

In short, Sir, the whole month of November wore away without my being able to advance a single step M.Del Campo's illness afforded a tolerable good excuse for delay during the latter part of November, and thefirst three weeks in December.

On the 1st of December I found myself without any answer from Dr Franklin, with many bills to pay, and not

a farthing in bank M Cabarrus, fortunately for me, was willing as well as able to make further advances, and

to him I am indebted for being relieved from the necessity I should otherwise have been under, of protestingthe bills due in that month

The Court removed from the Escurial to Madrid without having bestowed the least attention either on thepropositions or different memorials on commercial matters, which I had submitted to the Minister

It was natural to expect, that our successes in Virginia would have made a very grateful impression on thisCourt; but I am far from being persuaded that they considered these events as favorable to their views Of this,some judgment may be formed from their subsequent conduct

On the 6th of December I sent the Minister the following card, and a memorial from Mr Harrison at Cadiz, thenature of which will be best explained by a recital of it

"Mr Jay presents his compliments to the Count de Florida Blanca, and has the honor of requesting his

attention to the enclosed memorial

"Mr Jay had the honor of calling at his Excellency's on Tuesday evening last, but had the misfortune of notfinding him at home As Mr Jay wishes to regulate his visits by his Excellency's convenience, he begs thefavor of his Excellency to inform him when it would be agreeable that Mr Jay should wait on his Excellency,and have an opportunity of conversing with him on the object of Mr Jay's mission."

The answer I received to the letter, which accompanied this memorial, is as follows

Yorktown, and returns of prisoners, &c

This letter was brought to France by the frigate, which carried there the first intelligence of that importantevent, and yet it is remarkable that it did not reach me until after these articles had been published in the Parisand Madrid gazettes I nevertheless immediately sent copies to the Minister

As to Mr Harrison's Memorial, no answer has been given it to this day Nor indeed have any of the

representations I have hitherto made to the Ministers relative to commercial grievances procured the leastredress Even the hard case of the Dover cutter still remains unfinished, notwithstanding my repeated andpressing applications on behalf of the poor captors It is now more than a year since the Minister promised methat the cutter should be immediately appraised, and the value paid to the captors, one of whom afterwardscame here, and after waiting two or three months returned to Cadiz, without having received any other moneythan what I gave him to purchase his daily bread

As the Minister could not see me on Saturday evening, it was not till Monday evening the 10th of Decemberthat I had an opportunity to converse with him

He began the conversation by observing, that I had been very unfortunate, and had much reason to complain

of delays, but that they had been unavoidable That M Del Campo had been appointed near three months ago

to treat and confer with me; that shortly after the Court removed from St Ildefonso that gentleman's healthbegan to decline; and that his indisposition had hitherto prevented his attending to that or any other business,but that he hoped by the time the Court should return from Aranjues (to which the King was then about tomake a little excursion) he would be able to proceed on it, and that he should have the necessary instructionsfor the purpose

I told the Count, that these delays had given me great concern, and that I was very solicitous to be enabled togive Congress some positive and explicit information, on the business alluded to He replied, that I must nowconfer on those subjects with M Del Campo, for that for his part his time and attention were so constantlyengaged by other matters, that he could not possibly attend to this, especially while at Madrid, when healways enjoyed much less leisure than at the Sitios He then proceeded to congratulate me on our late

successes in Virginia; he assured me, that the King rejoiced sincerely in those events, and that he himself washappy to see our affairs assume so promising an aspect I was about to descend to particulars, and to remindthe Count of the various memorials, &c which still remained to be considered and despatched, when hementioned he was engaged for the rest of the evening in pressing affairs This intimation put an end to theconference

It is somewhat singular, that M Del Campo should have been appointed near three months past to treat andconfer with me, and yet I should be left all that time without any information of it It shows, that the King isready to do what may depend upon him, but that his Ministers find it convenient to interpose delays withoutnecessity, and without even the appearance of it

After the King's return from Aranjues, I took an opportunity of asking M Del Campo when I might promisemyself the pleasure of commencing our conferences He replied, that his health was not as yet sufficientlyre-established to permit him to do business The fact however was otherwise

On the 27th of December, I again waited on him for the same purpose He told me it was very uncertain whenour conferences could commence, and that he must first converse with the Count on the subject I asked himwhether he had not received his instructions He answered, that he had not, for that they were not as yetcompleted, nor indeed as he believed as yet begun

In this state things remained during the whole time the Court continued at Madrid Above a month since thedate of my letter to Dr Franklin about our bills had elapsed without an answer, nor had any prospect of

obtaining aids here opened I therefore wrote him the following letter

"Madrid, December 31st, 1781

"My Dear Sir,

"I learn from the Marquis d'Yranda, that my letter of the 21st ultimo has reached you The want of a goodopportunity has for some time past prevented my writing to you so particularly as I could have wished.

"Things remain here exactly in statu quo, except that your aid daily becomes more necessary, and will soon be

indispensable These are matters that require no explanation I have received two letters, dated the 22d and26th of November, from Mr Adams, on the subject of certain instructions, passed the 16th of August, which

he had lately received, and of which I was ignorant until the arrival of these letters I think them wise Acourier from France arrived here two days ago; by his return I hope to write you particularly, &c

"I am, &c

"I have not as yet been favored with your answer I can readily conceive, that this affair has added not a little

to your embarrassments, and therefore I lament, not complain of the delay I borrowed from M Cabarrusabout thirty thousand dollars He is not perfectly easy, and I have no prospect of borrowing more from him orothers, at least without assurances of speedy repayment, which I am not in capacity to give The Court indeedowes me, on their old promise of one hundred and fifty thousand dollars, a balance of about twentyfivethousand six hundred and fifteen dollars, but I have no reason to rely on receiving it soon, if at all

"I also begin severely to feel the want of my back salary It is in vain for me to expect it from America, andunless you can supply it, it will be necessary for me immediately to disencumber myself of most of myexpenses, and confine myself to mere necessaries, until a change may take place for the better This

circumstance conspires with those of a more public nature, to make me very solicitous to know what you can,

or cannot do for me

"As to the affairs of the negotiation, they have not advanced since Major Franks left me The Minister is toosick, or too busy, to attend to American affairs He refers me to M Del Campo, who has been named for thepurpose, and when I apply to him, he tells me, that his instructions are not yet completed, and that he cannottell when they will be

"I am, &c

JOHN JAY."

I must, however, do the Minister the justice to say, that for some little time then past, and during the wholemonth of January, I have good reason to believe, that he was greatly and constantly engaged in pressingbusiness, for on speaking several times during that period to the Ambassador of France, about the delays Iexperienced, and the propriety of pressing the Minister to pay some attention to our affairs, he repeatedly told

me, that he knew the Minister to be then extremely hurried, and advised me not to make any application tohim for the present

On the 26th of January, 1782, agreeably to a previous appointment, I had a long conference with the

Ambassador of France I entered into a detail of the various pretexts and delays, which the Minister had used

to avoid coming to any decision on our affairs, and made some remarks on their keeping me suspended atpresent, between the Count's incapacity to do business, and M Del Campo's want of instructions

I reminded the Ambassador that the fate of the bills drawn upon me was a serious subject, and if protestedmight eventually prove injurious to France and Spain, as well as America, and that though France had alreadydone much for us, yet that it still remained a question of policy whether it would not be more expedient for her

to advance about thirty thousand pounds sterling to save these bills, than risk the expensive evils which theloss of our credit might occasion even to her The Ambassador seemed to admit this, but was apprehensivethat the great and pressing demands for money caused by the great armaments, which France was preparing tosend to different parts of the world, would render such an advance very inconvenient, if not impracticable

I recapitulated in the course of the conference the various ill consequences, which might result from protestingthese bills Among others, I hinted at the necessity I should be under of assigning to the world in those

protests, the true reasons which had occasioned them, viz that I had placed too great confidence in the

assurances of his Catholic Majesty The Ambassador objected to this as highly imprudent, and as naturallytending to embroil the two countries, which was by all means to be avoided, even though I could make goodthe assertion I then enumerated the various assurances I had at different times received from the Minister,adding, that whatever might be the consequence, I should think it my duty to pay a higher regard to the honor

of the United States, than to the feelings of a Court by whose finesse that honor had been drawn into question.There was also another circumstance, to which I desired him to turn his attention, viz that as our

independence had not been acknowledged here, the holders of the bills might commence actions against me

on them; and that it was easy to foresee the embarrassments, which would result to all parties from such ameasure The Ambassador saw this matter in the same point of view

It appeared to me useful to take a general view of the conduct of Spain towards us ever since my arrival, and

to observe the natural tendency it had to encourage our enemies, impress doubts on the minds of our friends,and abate the desire of Congress to form intimate connexions with Spain; and that this latter consequencemight become interesting also to France, by reason of the strict alliance subsisting between the two kingdoms

I begged the favor of him to give me his candid advice what would be most proper for me to do He confessedthat he was perplexed, and at a loss what to advise me to; he hoped that the Dutch loan would enable DrFranklin to make the advances in question, and that though he could not promise anything from his Court, yetthat he would write and do his best He advised me to give the Doctor a full statement of our affairs here; butthat I had already done, by giving him the perusal of my letters to Congress of the 3d of October, &c

He said he had written to the Count de Vergennes about the delays and embarrassments I had met with, andthat he received for answer, "that Spain knew her own business and interest, and that France had no right topress her on such points."

The Ambassador advised me by all means to continue patient and moderate, and to cherish the appearance ofour being well with this Court I observed to him that one protested bill would dissipate all these appearances

He said that was very true; that he saw difficulties on every side, and that he really pitied my situation, for thatthese various perplexities must keep me constantly in a kind of purgatory I told him if he would say mass for

me in good earnest, I should soon be relieved from it; he renewed his promise to write, and we parted

The next day, viz 27th of January, I received the following letter from Dr Franklin

"Passy, January 15th, 1782